Is Missouri an At-Fault State?
Many people have heard terms like “at-fault” and “no-fault” but may not fully understand their significance, especially when it comes to car accidents. Knowing whether Missouri is an at-fault or no-fault state is crucial, as it impacts how you handle insurance claims and seek compensation.
Is Missouri an at-fault or no-fault state?
Missouri is an at-fault state for car accidents. This means that the state of Missouri operates under a fault-based system that requires drivers and vehicle owners to carry a minimum amount of liability coverage, which they can purchase through their insurance company.
If you are involved in a car accident in Missouri, the at-fault driver is considered responsible for the accident and is usually liable for providing compensation to you for your damages. Therefore, if you were injured by another driver anywhere in the state of Missouri, you can file a claim against their insurance company and seek justice and compensation for your injuries, medical bills, property damage, lost income, pain and suffering, and more.
What does liability insurance cover in a Kansas City, MO, accident?
In Missouri, liability insurance may cover doctor’s visits, hospitalizations, surgeries, prescriptions, medical devices, lost wages, vehicle repairs, rehabilitation fees, and other losses and costs that accident victims experience or accumulate. If you suffer injuries due to another driver’s negligence, their liability insurance will most likely cover your losses. Missouri requires drivers and vehicle owners to carry the following liability coverage:
- $25,000 for bodily injuries or death per person per accident
- $50,000 for bodily injuries or death for all persons per accident
- $25,000 for property damage per accident
- $25,000 per person and $50,000 per accident for uninsured motorist coverage
It’s important to note that liability insurance does not cover your own expenses or losses if you are the at-fault driver. You will need to prove that another party is responsible for the accident to receive compensation through their liability insurance.
How do you determine and prove fault in a Missouri car accident?
If you are injured in a crash in Missouri, you will need to determine and prove that someone else is responsible for causing the accident and your injuries. This usually involves in-depth and thorough investigations, looking closely, analyzing the facts and circumstances of your case, and collecting strong and convincing evidence. After you have determined fault for your accident, you will need to build a strong case and present significant information and evidence showing that the other party is at fault. Here are some of the evidence pieces that could help you do this:
- Photographs of the accident scene
- Videos or surveillance footage
- Road markings and damage to vehicles
- Police reports and auto mechanic reports
- Eyewitness statements and expert testimonies
- Dash cam footage, cell phone records, and medical records
Once you successfully determine and prove that someone is at fault for your accident, that person will be considered legally and financially responsible for covering expenses related to injuries and losses.
Is the at-fault party always a driver?
No, the at-fault party is not always another driver. Even though most car accidents are often caused by other motorists, there are several other parties who may have contributed to or caused your accident, such as:
- A car rental company that failed to inspect, repair, or maintain its vehicles.
- An auto mechanic or repair shop that lied about repairing the vehicle.
- The government or a road owner who failed to fix or clear the roadways.
- An employer that failed to repair or maintain its work vehicle.
- A car manufacturer that used defective parts when designing or creating the vehicle.
- A bar or nightclub that continued serving the “visibly intoxicated” individuals.
A Kansas City, MO car accident lawyer has the tools and resources to investigate the details of your crash and determine who is at fault. It is not uncommon for car accidents to be caused by multiple parties. However, if you do not have an experienced and knowledgeable legal professional by your side, you may miss certain facts and details, which could result in you leaving much-needed compensation on the table.
What is Missouri’s comparative negligence system?
Missouri uses a pure comparative negligence system. This type of system gives individuals the opportunity to file an accident claim and recover compensation even if they are mostly (up to 99%) at fault for the accident. However, if they are determined to share any fault in the accident, their compensation will be reduced by their level of fault.
For example, if you are found to be 25% at fault for speeding and the other driver is 75% at fault for running a red light, you can still recover damages. However, your compensation will be reduced by 25%.
At Kansas City Accident Injury Attorneys, our team knows and understands the difficulties that car accident victims face. From the healing and recovery to the complex and confusing legal process, it can often feel downright hopeless and discouraging. That is why our car accident lawyers are committed to helping our clients determine and prove fault, find out what their insurance policies cover, learn about their potential legal options, and fight for the compensation they are entitled to. As Kansas City’s Favorite Law Firm, you can count on us to protect your rights and best interests while you focus on healing and recovering from your injuries. Please call our office or submit our contact form to schedule a free, no-obligation consultation today. We welcome you to visit our main office in Kansas City, MO, at any time. You may also schedule an appointment at one of our other convenient office locations in Lee’s Summit, Parkville and St. Joseph (MO); Olathe, Kansas City, and Overland Park (KS).
Kansas City personal injury attorney James Roswold of Kansas City Accident Injury Attorneys handles cases dealing with victims of personal injury, medical negligence, wrongful death, workers compensation, nursing home negligence, premises liability, product liability, car accident, truck accident and motorcycle accident cases.